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Michigan Domestic Violence 
Bond Conditions Attorney 

In most cases the initial bond is set by the court without any input from the prosecutor. 

The interim bond statute provides that a person arrested without a warrant for a misdemeanor crime other than a domestic assault and battery should be brought before a magistrate “without unnecessary delay” to be arraigned. MCL 780.581(1). If a magistrate isn’t available the arresting agency or the jail can set and accept as bail a sum of money not to exceed 20% of the possible fine. MCL 780.581(2). The agency accepting the bond will give the arrested person a receipt that includes a date and time he or she is to appear in court for arraignment on the charge. MCL 780.583. The bond posted in this way is known as interim bond. The purpose of interim bond is to secure the defendant’s appearance for arraignment, at which time the court can continue the bond or require a cash or property bond in a greater or lesser amount. MCL 780.586.

The bond procedure for those arrested for domestic violence or aggravated domestic violence (MCL 750.81 and 81a respectively) differs considerably. Such a defendant cannot have bond set by the jail or arresting agency. Those arrested must be held until they can be arraigned or have interim bond set by a judge or district court magistrate. MCL 780.582a(1). This is one reason why it is important that law enforcement use the Standard Report form to note lethality factors (discussed below). By doing so, officers can give the court the information needed at this initial stage to impose necessary protective conditions in the bond.

If the judge sets an interim bond he or she “shall consider and may impose the condition that the [defendant] shall not have or attempt to have contact of any kind with the victim.” MCL 780.582a(2). If the judge releases the defendant subject to protective conditions he or she must inform the defendant of those conditions and that the defendant is subject to arrest without a warrant if the defendant violates those conditions. MCL 780.582a(3) See, MCL 764.15e for the legislative grant of authority to law enforcement to arrest violators without a warrant, and the procedure the arresting agency should follow. Finally, the judge must direct a law enforcement agency, in writing, to enter the bond into LEIN. MCL 780.582a(5)
 
To learn more about domestic violence in Michigan, click here. 

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